Rhode Island Injury Lawyer Blog

It is being reported by the Providence Journal, that Uncle Sushi in Cranston has been closed for numerous health code violations. This one came as a surprise to me, especially since I have eaten take-out from Uncle Sushi before. And after hearing the description of the violations, I am honestly, nauseated!

The Health Department inspected the restaurant after receiving notice that at least 8 people who ate at Uncle Sushi on May 19 became ill with nausea, vomiting, diarrhea and other abdominal discomfort. This food poisoning was likely caused by norovirus, according to the Health Department. The Health Department found numerous health and safety violations including:

• Mouse droppings in the flour and on noodles;
• Children's Diapers and toys were found in the kitchen;
• Vinegar stored in a container previously used for laundry detergent!;
• Improperly stored and cooked rice;
• Numerous other sanitary violations.

The violations are particularly shocking because sushi (a raw food) is dangerous to begin with and sushi restaurants must adhere to the strictest safety guidelines. This failure to adhere to even basic common food standards has created an obvious health hazard leading to the illness of at least 8 people.

This outbreak of food poisoning in Cranston follows the well known salmonella outbreak from DeFusco's bakery in Cranston, which is now in bankruptcy proceedings. It is worth noting that the Health Department is severely understaffed which allows such obvious violations to occur. Rhode Island has only 7 (SEVEN!!!) health inspectors for the over 8000 eating establishments in the State. Shocking!
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UPDATE: Thank you to everyone who has called with questions about this case. Our firm is currently representing several people sickened by Uncle Sushi's health code violations. If you or a family member suffered food poisoning after eating at Uncle Sushi in recent weeks, contact our office right away.

Continue reading "Cranston Sushi Restaurant Closed for Numerous Health Code Violations!" »

Like a good percentage of Rhode Islanders, I celebrated St. Joseph's day with my family and zeppole. Unfortunately, the Providence Journal is reporting that the holiday tradition caused at least 23 Rhode Islanders to become ill with salmonella. Of those 23 at least 13 required hospitilization for the illness and several remain hospitalized.

The dangerous pastries were from DeFusco's Bakery in Johnston which has since been closed following a Rhode Island State health inspection showed that the cream was kept in unsafe or unsanitary conditions which may have led to the salmonella outbreak. DeFusco's products are also sold and distributed in several other bakeries including Crugnale, Calvitto's, and Sal's Bakeries.

Salmonella is a foodborne illness that can begin to show symptoms a few days after infection. Symptoms include nausea, vomiting, dehydration and diarrhea, among others. An infection, if untreated, can be extremely dangerous and anyone who feels they may have been infected should contact a doctor immediately and the Rhode Island Department of Health.

Anyone injured by this foodborne illness, or another, is entitled to personal injury benefits, including medical bills, lost wages and pain and suffering. If you or a family member has been sickened or hospitalized because of this outbreak of salmonella, contact Attorney Joseph Lamy right away to protect your rights.

Continue reading "Salmonella Outbreak Linked to Zeppole from Johnston Bakery" »

Two things that happened this week give rise to this post about food poisoning and food allergy cases.

1. The class action lawsuit filed against Taco Bell alleging that their "ground beef" is actually only 35% beef and 65% filler (there is no allegation that they have recently poisoned anyone, I just find the headline revolting!);
2. I had an inquiry this week from a person who was injured after eating a food they were allergic to in a buffet.

Food safety is a major issue these days. Pressure to reduce prices has resulted in increased cases of food recalls, foodborne illnesses, and an overall reduction in quality. The Center for Disease Control estimates as many as 76 Million cases of foodborne illness occur in the US each year!!! Many of these cases are mild, but 300,000 or more are hospitalized and 5,000 people die each year as a result of food poisoning.

Food poisoning occurs when food contaminated with bacteria such as Salmonella, E. Coli, or Listeria, among others, is ingested. Symptoms can include nausea, abdominal pain, headache, vomiting, dehydration, fever, etc. As previously indicated, the most serious cases can result in prolonged hospital stays or even death.

What is the difference with food allergy claims?

Food allergy lawsuits do occur, but it is not as simple as being sickened by a food product. Even a harmless, bacteria-free, peanut can be deadly to someone with a nut allergy. Planters would not be liable for the damages caused to a person with a nut allergy unless the peanuts contained some form of bacteria.

However, if you are dining in a restaurant and inform your waiter or cook of a food allergy, and they serve you that item without your knowledge causing sickness, then you have grounds for a claim.

As with any personal injury claim, if you are injured due to food poisoning you are entitled to have your medical bills and lost wages paid as well as pain and suffering. Contact my office for a free consultation.

While no one has reported illness yet, the H.P. Hood Company is recalling two (2) Heluva Good Cheese products, which were sold and distributed in Rhode Island, due to possible bacterial contamination. The products in question are the eight ounce packages of the company's Port Wine Cold Pack Cheese Food with a sell-by date of 11/15/2010 through 12/15/2010, and the Sharp Cheddar Cold Pack Cheese Food with a sell-by date of 11/15/2010 and 12/15/2010.

The voluntary recall is the result of product sampling performed by the State of Wisconsin in the facility that produces the Heluva Good Cheese products. This sampling raised concerns over the possible contamination with a bacteria that can lead to listeriosis.

Listeriosis is a relatively rare bacterial infection that is most common in newborns, pregnant women, or those with a compromised immune system. In fact, pregnant women can account for nearly 30% of all reported cases. Premature birth, still birth and miscarriage are potential serious complications of the illness.

Symptoms of listeriosis can last for up to ten days and include fever and muscle aches. In more serious cases, listeriosis can lead to meningitis.

Foodborne illness is a very serious problem in America. Each year nearly 325,000 people are hospitalized with food poisoning. Of those, nearly 5000 people die each year. Minor cases of foodborne illness are estimated to be in the tens of millions each year.

Continue reading "Cheese Distributed in Rhode Island Recalled Due to Possible Contamination" »

Kilwin's Quality Confections is recalling all seven ounce packages of chocolate covered peanuts and all bulk chocolate covered peanuts sold in its stores before April 1 because of possible salmonella contamination.  Salmonella can cause serious infections and even death, particularly in children, the elderly and those with weakened immune systems.

No illnesses have been reported to date.  Kilwin's is a Michigan candy retailer with stores in several States.  The Rhode Island franchise is located in Newport.  If you or a loved one has been injured because of this product, contact our office for a free consultation.

The Editor of Forbes Magazine, William Baldwin, has suggested that plaintiff lawyers help protect the quality of the Nation's food supply by bringing suits against companies who have slipped under the FDA radar.  As he points out, food-borne illness sickens 76 million Americans per year, kills 5,000, and runs up $3 Billion in medical bills.

These statistics, coupled with numerous salmonella scares and constant questions about the quality of food products brought in from China, shows that the FDA is clearly overwhelmed and unable to protect our country from dangerous food products.  A few high profile lawsuits with punitive damage awards, may be able to do what the FDA cannot. 

As Mr. Baldwin points out, "genetic subtyping can make an unmistakable link from food to victim."  Such certainty prevents frivilous lawsuits and eliminates doubt in the minds of victims who may or may not have been sickened by the food they ate.

Food-borne illness can range from mild stomach pain to death.  If you feel that you or a loved one has been the victim of food poisoning, contact our office for a free consultation.